Four Elements of Medical Malpractice

To prove medical malpractice, itrequires establishing four key elements: duty, breach of duty, causation, and damages. We will need to conduct a thorough review of your medical records, consult with medical experts, and analyze the facts and circumstances of your case to determine if you have a valid medical malpractice case.

We will assess whether the healthcare provider had a duty to provide you with a certain standard of care, whether they breached that duty by deviating from the accepted standard of care, whether their breach of duty caused your injuries or damages, and the extent of your damages. 

How an Evansville personal injury lawyer can help you

Our approach includes using various strategies and evidence, which include the following:

Medical records and expert testimony

Our attorneys will thoroughly review your medical records and consult with medical experts who can provide testimony regarding the standard of care that should have been followed in your case. 

Witness statements

We will collect statements from witnesses who were present during the medical procedure or treatment, including patients, family members, and healthcare staff who may have witnessed the negligence or errors that led to your injuries or damages. 

Witness testimony can be crucial in establishing the breach of duty and causation elements of a medical malpractice claim.

Medical laws and regulations

This can include studies, articles, and other authoritative sources that demonstrate the accepted standard of care for a particular condition or treatment, and how the healthcare provider’s actions deviated from that standard. We can also help you understand how your case fits the Medical Malpractice Act to plan a litigation strategy on your behalf.

Documentation of damages

We will carefully document all of the damages you have suffered as a result of the medical malpractice, including medical bills, lost wages, pain and suffering, and others. This documentation will be critical in establishing the extent of your damages and the compensation you are entitled to.

Common Examples of Medical Malpractice in Evansville

There are many ways in which you can suffer from negligence from the healthcare system, but these are the most common reasons why victims of medical malpractice contact us:

Surgical errors

In Indiana, healthcare providers are held to follow established surgical protocols and guidelines to ensure patient safety. 

However, when surgical errors occur due to the negligence or incompetence of a healthcare provider, patients have the right to hold the doctors or institutions involved accountable. 

These can include wrong-site surgery, leaving surgical instruments inside the body, damaging organs or nerves during surgery, or performing unnecessary surgery.

Medication errors

Medication errors can occur at various stages of the medication process, including prescribing, dispensing, and administering medication, causing serious health issues for patients. If that’s your case, you’re entitled to sue for the damages you suffered from malpractice, including pain and suffering.

Misdiagnosis or delayed diagnosis

When a healthcare provider fails to meet the legal standard of care by misdiagnosing a condition or delaying a diagnosis, they may be held liable for medical malpractice. After a misdiagnosis, it’s important that patients file a medical malpractice complaint against the healthcare provider and seek fair compensation.

Birth injuries

Birth injuries can have lifelong consequences for both the mother and the newborn, including oxygen deprivation leading to brain damage, nerve injuries during delivery, and other types of issues that can sadly occur in a birth. 

In such stressful and devastating situations, sometimes it’s not easy to know how to proceed in a lawsuit, and having a personal injury lawyer who can help you fight for your rights is key to winning the fair amount of compensation you need.

Anesthesia errors

Anesthesia errors can result in serious injuries or even wrongful death. These can include administering the wrong type or amount of anesthesia, failing to properly monitor a patient’s vital signs during anesthesia, or failing to identify and respond to adverse reactions to anesthesia. 

According to the injuries and damages you suffered, you’re entitled to demand your losses.

Hospital-acquired infections

Patients in hospitals are vulnerable to infections, and it is the responsibility of healthcare providers to take appropriate measures to prevent and manage infections. 

Failure to follow proper infection control protocols can lead to hospital-acquired infections, such as surgical site infections, bloodstream infections, and urinary tract infections. 

Our attorneys can help you determine if negligence in infection control contributed to your infection and pursue legal action accordingly.

Who Can Be Sued in a Medical Malpractice Claim?

In a medical malpractice claim, various parties can be held accountable depending on the specifics of the case. It’s not just doctors who may be liable; other healthcare professionals and entities involved in your care might also be responsible for the negligence that caused your injuries. Here are some of the potential parties that can be sued and that are commonly included in the claims of our clients:

Doctors and Surgeons

According to data from the National Practitioner Data Bank (NPDB), 74% of all medical malpractice payment reports were against physicians. They are often the primary defendants in our medical malpractice cases. If they fail in their duties, like misdiagnosing an illness or making surgical mistakes, they could be held liable for any injuries that result.

Nurses and Medical Staff

Nurses and other medical staff can also be held accountable if their actions or inactions contribute to harm. This could include errors in medication administration, failure to monitor vital signs, or poor communication with other healthcare providers.

Hospitals and Clinics

The healthcare facility itself can be sued if the malpractice was due to systemic issues, such as inadequate staffing, poor training, or faulty protocols. For instance, a hospital could be liable if a patient was harmed due to an infection contracted from unclean hospital equipment.

Pharmacists and Pharmacies

Pharmacists and the pharmacies they work for could be liable if a medication error, such as dispensing the wrong medication or incorrect dosage, occurred.

Specialists and Consultants

Other healthcare providers involved in your diagnosis or treatment can be held responsible if they fail to meet the standard of care.

Damages in a Medical Malpractice Case

If you have been a victim of medical malpractice, you may be entitled to various types of damages designed to compensate you for the harm suffered. These damages fall into two main categories: economic and non-economic, which our lawyers will consider at the moment of calculating the value of your claim.

Economic Damages

These are intended to cover the financial losses you have incurred. They include:

  • Medical expenses: All costs related to your treatment, including past, current, and future medical bills.
  • Lost wages: Compensation for income lost due to the inability to work while recovering from your injuries.
  • Loss of earning capacity: If your ability to earn a living has been permanently affected, you may be compensated for future income loss.

Non-Economic Damages

These damages are for non-financial losses, such as:

  • Pain and suffering: Compensation for the physical pain and emotional distress caused by the malpractice.
  • Loss of consortium: Compensation for the impact on your relationship with your spouse or family due to your injuries.
  • Disability or disfigurement: If the malpractice resulted in a long-term or permanent condition, you could be compensated for the diminished quality of life.

Our Track of Successful Settlements

At Christie Farrell Lee & Bell, we have a strong track record of securing significant settlements for our clients. For example, we obtained a $3,080,000 settlement for a client after a failure to diagnose a tumor on an MRI and $1,250,000 for a family due to the failure to diagnose and treat a cardiac condition resulting in death.

We invite you to discuss more case results with us to set realistic expectations and understand how we can help you.

Medical Malpractice Statute of Limitations

In Indiana, the statute of limitations for filing a medical malpractice claim is generally two years from the date of the alleged malpractice, as stipulated in Indiana Code § 34-18-7-1. This means you must file your claim within this timeframe to be eligible for compensation. However, there are exceptions, such as cases where the injury was not immediately discovered, which may extend the timeframe.

Contact Our Evansville Medical Malpractice Lawyer Today

If you or a loved one have been a victim of medical malpractice in Evansville or the surrounding areas in Indiana, don’t hesitate to seek legal help. Contact our team of medical malpractice attorneys at Christie Farrell Lee & Bell for a free consultation and to evaluate your options.

We will gladly evaluate your injury case, answer your questions, and provide the compassionate representation you need to seek justice and recover the compensation you deserve.